[1593/4/69]¹

²Act in favour of Andrew [Home], commendator of Jedburgh

Our sovereign lord and estates of this present parliament, considering that Andrew, commendator of Jedburgh, having raised letters before the lords of session for annulling and simply suspending of the letters of horning raised by six sundry parties claiming right to the monks' portions, surplus and temporality of the said abbacy of the crops and years of God 1587, 1588, 1589, 1590, 1591 and 1592, as the letters of suspension raised thereupon in themselves at length bears; which being called, Roger Ashinton, gentleman in his highness's chamber, and his majesty's treasurer, comptroller and advocate for his highness's interest, Robert Kirkton and Robert Trotter compeared by themselves and their procurators, and the said matter being reasoned verbally in presence of the said lords of session and the parties' rights produced finding the questions to arise through the multitude of the acts of parliament made regarding the said monks' portions, surplus of benefices and annexation of temporal lands to the crown, remitted the decision of the foresaid action and cause to his highness and his said estates for certain order to be taken and set down concerning the said monks' portions, and to reduce all the acts of parliament made of before relating thereto to one certain act and rule, whereby the said lords of session may proceed summarily to the decision of all such causes, as the act made thereupon bears. And seeing the lords commissioners of the augmentations upon 12 October the year of God 1587, finding the temporality of the abbacy of Jedburgh and Restenneth to extend to £604 11s with everything removed, of the which the said lords, by virtue of the act of parliament made regarding the annexation of temporal lands of benefices to the crown, then assumed and appropriate thereto the sum of £276 16s 8d yearly to be charged for and intromitted with by his highness's treasurer of augmentations, and in recompense thereof adjudged, assigned and allowed to the said commendator in satisfaction of the same the surplus of the thirds extending to 11 bolls wheat, estimated to 5 merks the boll, and so amounting to the sum of £36 13s 4d; 13 bolls of barley, 2 firlots, 2 pecks, 2 part pecks, estimated to 4 merks every boll, and so extending to £36; and 36 bolls of meal, estimated to 40s the boll, extending to £72, amounting in the whole to £144 13s 4d, together with four dead monks' portions. And it is true that the said Roger Ashinton has assigned and conveyed to him in pension the foresaid sum of £276 16s 8d out of the temporality of the said abbacy of Jedburgh, and the said Robert Trotter and Robert Kirkton has the whole monks' portions of the foresaid abbacy conveyed to them, and the surplus is assigned to the ministry, so that the said commendator is altogether defrauded both of that part of his temporality and also of the foresaid surplus and monks' portions which were assigned to him in recompense thereof; therefore, and seeing the said monks' portions are conveyed to Robert Trotter and Robert Kirkton and the surplus of the said abbacy assigned to the said ministry, our sovereign lord and estates foresaid restore the said Andrew, commendator of Jedburgh to his own right of the temporality of the said abbacy during his lifetime, as if the same had never been taken from him; and discharges the said Roger Ashinton and all others of all further troubling of the said commendator relating thereto, notwithstanding any gift or disposition made to them of the same at any time heretofore during the said commendator's lifetime as said is.